SUPREME COURT.

Globe, Volume XX, Issue 1419, 2 September 1878, Page 3

SUPREME COURT.

DIVORCE AND MATRIMONIAL CAUSES. Monday, Septf.mbeb 2. [Before his Honor Mr Justice Johnston.] The Court Bat under tho Divorce and Matrimonial Causes Act at 11 a.m. DIGBY V DIGBY AND ANOTHEB. This was a petition by Frederick Henry Digby for a divorce from his wife, Cornelia Virgilio Digby, on the ground of adultery. Mr Joynt appeared for the petitioner. Tho respondent and co-respondent did not appear. Mr C. R. Blakiston was chosen foreman of tho special jury. The evidence brought went to prove that the petitioner was married to the respondent at St. Kilda, Victoria, in 18G5, and that they lived together in Australia and New Zealand until the year 1876, when the respondent left Now Zealand for Adelaide, ostensibly on a visit to her mother. Whilst there, tho respondent entered into engagements to appear as an actress, and did so for some time afterwards. From information received in Dunedin in March 1878 as to the conduct of the respondent with the co-respondent whilst a member of the Wheatlcigh Company, the petitioner instituted proceedings for divorce. The evidence of this conduct went to show very clearly that very great familiarity had existed between tho respondent and the co-respondent, and that the latter was in the habit constantly of being in the bedroom of the respondent at untimely hours of the morning. It was also proved that tho respondent used to keep the money of the co-respondent, and that on one occasion the respondent told the co-respondent that she had paid for the boots and shirt he was wearing. His Honor having summed up, The jury, without leaving the box, returned a verdict for the petitioner on all the issues, affirming that the respondent had committed adultery with the co-reapondentas alleged in the petition, and that there was no evidence offered to support the pleas of the respondent.